we have the structural engineers in the city were very involved in the affects of this magnitude, for our own codes, and i am interested in how the devastating experience of the tsunami will play itself out for us. we are not immune, with the shallow -- i would like to have some expert opinion on this. >> with the issue of the size of performance, we will see the

seismic code, of these performed. this is against the water damage. >> there are people within this, or more active. probably enough to bridge this. we will have the effect of what happened. >> i think that they have a transit for the policy in the

city. this is getting worse. >> commissioners, thank you. we will move forward to the directors' report. i am going task that he move to item six, for the items proposed for a continuance. we would like to give you the report on the board of appeals. >> and we should also move 7, -- >> i would ask this, and i am also checking with the mayor's aphis -- mayor's office. >> thank you.

the director's report and announcements? >> a couple of things for me. i would like you to know about the communications budget, that position is open. this would be quite helped, by having someone in the department. and you will receive a memo on the census data. the city's population, mthis is a person increase from 2000. about 3.7%. i think of interest to the commission is tha tthe city -- that the city is diverse, 33%

asian, 6% black population. the largest decrease in the city. the latino population has grown to 15% of the population. the most growth is in district six. we represent the largest district in the city. >> the department staff. we will get this to you in the next week. >> you will include the unoccupied housing units.

supervisors will know the concentration of these units. it might be a challenge. working with the mayor's office for pilot rent control. there are all kinds of techniques. i do not have the democraphics -- demographics of where they are. it would be interesting -- partially, for what is dillapidated. the other foreclosure units. this is almost 1% of the city. this is huge. >> a group met around the

african american population. >> the mayor's office had a report. we will -- have this at the commission. this is oakland, also, has lost a large portion of the african- americans. it is 27%. a couple of percentage points. the truth is, for better school s and housing, they want places with yards. this is promised in antioch but

not in oakland. i think this goes back to the hearing about families and how we keep families in the city. one thing we don't recognize, it's not to say they don't care about kids. we work more cosellosely with t. fixing it is a little more complicated. >> we get into the census discussion. there will be a lot o fothe r-- of other questions. >> if we can move forward. you are at general public

comment. a 15-minute duration. they may address you on items of interest to the public, as lon gas it -- long as it is not on the calendar. i do not have speaker cards. [laughter] >> sue hester. following up on things to make the meeting go better. project sponsors may think that there is no problem. this is what you're going to have. that was true this, and this is

protecting a developer. they have public meetings, outlined in the planning code. they have the distortion of the rules about that this is a formula retailer. these developers, they have had all kinds of massaging by the staff. they are very surprised. this is a waste of your time and staff time. there needs to be an awareness.

but they have a role to do something besides packaging these packets for the committee considerations. i have seen d.r.'s that should have had a firm message that a project was not going to work. in the attention -- they say that they will run into problems with the commission. they said that they will just dump this on the commission. this is very discourteous to you and the public. these are the ones that waste your time. i think that there needs to be some staff reassessment.

we have these quadrants, there is really a staff function. this is in the lap of the public. this is not going to fly because of the serious changes. >> in light of the recent devastation in japan, they are supplying -- this would be indicated. there is the general public comment? general public, is closed.

you will now be in recess until 1:30. >> can we come back at 2:00 so we can get some lunch? >> you will be in recess until 2:00. >> -- commissioner olague: ok. if i could remind everyone to tell -- to turn off your cell phones. i am going to call roll again. [roll call] commissioner borden? she just stepped out. commissioners, we continue items until the 1:30 component of the

calendar. with that, i will call those items. item one -- the 17th and folsom park. the item is proposed for a continuance until april 14, 2011. commissioners, we have item number 14 or 45 lansing's street. the item is continued for april 14, 2011, and that is because your calendars is -- your calendars are so full, that is the first available date. i know the sponsor wanted an earlier date, but i could not accommodate that. those continuances are in your hands. commissioner olague: is there any public comment on items proposed for continuance?

>> commissioner steve atkinson for the 45 lansing project. i appreciate the difficulties on the calendar. it is unfortunate. i wonder if there is a possibility of adding the item trailing another agenda? we had an example this week of several items continued at the last minute. this is an important project. it would be useful to have it considered sooner, rather than later. there was really no violation of the process here in any event, and therefore there is no other reason than your agenda for not hearing this. thank you very much. commissioner olague: thank you. is there any additional public comment? >> sue hestor.

i am still trying to figure out if anyone got anything in the mail today. i would appreciate the continuous with an april. we have become a little jaded when we have a project with as many parking spaces like this. we have no consequence. people in the neighborhood deserve a little bit of a chance to prepare for the hearing. that is all. you know, i would take any day in april, but next week is ridiculous. people are still trying to file their documents. and when i called, i found they had not gotten their mail yet. staff says there was a mailing yesterday. i do not know. thank you. commissioner olague: thank you. any additional public comment? seeing none, public comment is commissioner antonini closedantonini -- public comment

is closed. commissioner antonini:? commissioner antonini: i have a question for ms. hestor. i was considering moving it to april 7. will your clients be available? >> i hope so. i will at least be available. commissioner antonini: ok. we will give it a try. >> commissioners, before you do that -- let me tell you why april 7 is not available. you have treasure island -- which is your evening meeting -- you still have the executive park proposal for that day. you have a legislation for the fairmont hotel proposed for that day. commissioner antonini: i thought that was on the 14th? >> it is on the seventh.

you have waiting items currently on the seventh. and i do not have any indication other than at treasure island that might come off. unless that happens, i just did not want to chance that. so, i want you to be informed. commissioner antonini: my understanding is treasure island would still like to have a hearing that day. >> said that is still on. commissioner miguel: i guess my thinking is there is still an opportunity. if everything stays, and this will continue to the next week probably. that would be the way i would try to propose it. >> i do have an item that could come off of april 14, which makes it a viable. commissioner olague:

commissioner miguel -- commissioner moore? commissioner moore: i do not understand why we are not taking this as a recommendation. it is in the interests to keep us tightly employed here, but to confirm what we said earlier. we can only do so much. commissioner olague: what is happening on april 7 is we have the treasure island, since they want to keep it. we have 2535 dolores. and we have an addition we all agreed to, the april 7 item on the fairmont legislation the mayor has introduced. so, it seems like that -- i want folks to be aware what we end up doing is we end up continuing items to calendars that are already full and we end up being here until midnight and we

wonder why. this is an example of how that happens. it is all about the consensus coming to that conclusion. that is why i think secretary avery is so insistence on making sure we know what we are agreeing to before we agree to it. commissioner antonini? commissioner antonini: let's go ahead with the following. now we would propose to continue item one until april 14 and also item 14 until april 14, with the understanding that any problems with noticing and receive, we have to know about it well ahead of time to make sure it is received and there are no further delays. commissioner moore: second. it is my contention as project sponsor -- not as projects sponsor, but from the other end

of it -- it could end up being a two-hour item. >> commissioners, thank you. on the motion of continuous for both items to april 14, -- [roll call vote] thank you, commissioners. both items have been continued until april 14. commissioners, if we can move forward to item no. 6. this is from the supervisors were of appeals and the historic preservation commission. >> good afternoon. i am here to give you your update on the board of supervisors activities. the was an informational hearing on treasure island in yerba buena island. i will hold off on that.

there were a few ordinances. the first would be the area of plant labour criteria for affordable housing ordinance. and on the proposed changes to contain and networks, they were considered by this commission last year as part of the ordinance to amend. the department recommended, but the commission did not passed a recommendation. the commission may be respectful recommendation that we continue to work on the issuance of these. also before the full board, the developments, impact, and the in lieu fee ordinance. this was sponsored by the mayor. it increased consistency in a way our impact fees are

administered. commissioners, you also heard this ordinance in december of last year. you did recommend approval at that time. the mayor has continued to work with the mayor's office of housing and the comptroller's office and they have added a few additional amendments. among the changes was the addition of an on codified section that would allow this year's adjustment of all fees within 30 days after the ordinance is adopted. otherwise, we would have missed the ability to adjust the fees this year. with us last change -- with that last change -- commissioner olague: the area plan was to be before the board this week, but because supervisor mirkarimi was not present, it was asked to be continued and it was. another item would allow all

restaurants by cu. the commission continues this ordinance in january of this year. it was also recommended for fast food restaurants. the supervisors have continued to work with the department inappropriate merchant and area groups. the supervisor has amended the legislation in three ways. it includes your request to allow fast food restaurants by cu. when you consider restaurants under this provision, the commission should decide whether the restaurant provides lunch or daytime activities to the area. and lastly, the ordinance provides new bars in the area with cu. the board did approved the ordinance on its first reading. lastly at tuesday's hearing to consider the appeal of the

calendar eir. this was scheduled as both consideration of appeal and later the board considered a. the parks district had reached a tentative settlement agreement. however, as you know, no approval action can happen until there is a valid document in place. and even with this, the board did not approve the settlement. it preserves their right to future of legal action. at the legal hearing this week, it was said they were satisfied with the settlement is approved by the board. the department in a brief presentation. the board upheld the decision to certify the eir. they also went on to approve the

settlement. and there are some new ordnances introduced this week. the various ordnances -- there are some new ordinances introduce this week. the very -- the various ordnances were introduced. the mayor and board president david chiu introduced legislation relating to the north beach plant -- branch library. and supervisor mirkarimi introduced a revised proposal for your recommendation for fillmore street. that concludes the board report for this week, unless there are questions. commissioner olague: commissioner antonini? commissioner antonini: anne- marie -- thank you for your report. i think the one thing that some members of the public have asked

me about, and i think it is a little confusing. when they say "fast food," it is not what we equate colloquially with fast food. maybe short order would be a good way to change the language in the future. it could be a sandwich shop. someplace that has fewer items. maybe not sit down. that type of thing. i think that is what we were passing here. >> yes, i think the public is rightly confused when they hear the words "lunch fast food." even upscale restaurants where you might order at the counter is "fast food." now we have the formula of retail controls which control training stores, and probably more appropriately addressed the concerns are around formula retell rather than -- retail rather than the way someone

serves food. we are looking at restaurant definitions and we hope to bring forward a proposal to amend those to make them no consistent with our restaurant experience today. commissioner antonini: bresser confined new language that makes it clearer. thank you. >> thank you. >> commissioners, we are going to this fund the report on the board of appeals. the historic preservation group met yesterday. most of the items were c of a. the only one i want to bring to your attention is the c of a proposal for city hall. -- for symphony hall. it was approved. the vote was 5 to one with commissioner martinez voting

against. also, up here 36 is up -- pier 36 is also on the agenda for review and comment. staff will draft comments and provide them to you prior to your hearing on the same item next week. and that concludes my report. and i believe we are not going to take out -- >> yes. the mayor's office is prepared to be here. >> thank you. commissioners, we will move forward on your calendar to item no. 8 on your consent calendar. item eight does constitute the consent calendar and appears to be routine. i will not going to my regular speel. let me just say it has been pulled from the consent

calendar. for the record, it is item eight, 42323 market street. -- for 2323 market street. the question is whether you want to hear now orbited later on your calendars? commissioner olague: let's hear it now. >> good afternoon. the case before you is a request for the conditional use authorization to add a bar with the existing retail jewelry store, d &h sustainable jewel rules -- jewelers. the project proposes to add the wine bar area in order to provide a space for private client